Mikado Foods Services SA, 14 Rue Vallin 2, 1201 Genève

PARTIES TO THE CONTRACT

Art.1 : The parties to the contract are, on the one hand, Mikado Foods Services SA, 14 Rue Vallin 2, 1201 Geneva (CH), seller, registered in the Commercial Register under number CH-660.0.696.986-7, and, on the other hand, the customer, i.e. any non-trading natural person wishing to purchase one or more items presented on the Internet merchant site managed by “Mikado Foods Services SA”.

SCOPE, APPLICABLE LAW AND MODIFICATION OF GENERAL TERMS AND CONDITIONS

Art.2 : The present terms and conditions of sale apply to all orders placed on the site managed by “Mikado Foods Services SA” and are subject to Swiss law, which governs all relations between the parties. The seller reserves the right to modify its conditions of sale at any time, in which case the conditions applicable will be those in force at the date of the order.

PRODUCT AVAILABILITY

Art.3 : Offers are valid as long as they appear on the sushi.ch website, within the limits of available stocks and exclusively in the countries listed in the “our shops” section.

PRESENTATION OF ARTICLES

Art.4 : The items offered on the site managed by “Mikado Foods Services SA” are a selection of those offered for sale by “Mikado Foods Services SA”. They are presented as accurately as possible to enable the potential buyer to understand their essential characteristics (design, color, size, etc.) before placing an order.

Art.4.1 : Online offers managed by Mikado Foods Services SA are provided without obligation and therefore do not constitute binding offers.Confirmation by e-mail is decisive for the order. Offers are subject to availability of products from our suppliers.

Art.4.2 : All product information, product photos, specifications, links to stores, etc. are provided without guarantee on the website of the online stores managed by “Mikado Foods Services SA “.The valid specifications of “Mikado Foods Services SA” at the time of order collection are decisive.

Art.4.3 : Mikado Foods Services SA assumes no responsibility for the content of external web pages.

PRICE

Art.5 : Prices are firm and final. They are expressed in Swiss francs and include all taxes in the order summary. VAT (Value Added Tax) is the current rate in Switzerland, i.e. 2.5%. The seller reserves the right to modify prices at any time, without prior notice and without any other formality than to include the modifications in the present general conditions. However, items ordered will be invoiced at the price in force on the day of the order, subject to availability on that date.

ORDER VALIDATION AND ELECTRONIC SIGNATURE

Art.7 : A guided search enables the customer to find a selection of the items offered on the sushi.ch website. Having made his choice, the customer is able to place his order, which is carried out in three stages:

The first step is for the customer to validate the items they have chosen. The seller guarantees that the items offered are actually available by verifying the exact availability of the chosen items and reserves when the order is validated.

The second stage consists of the buyer entering the identification and information required for the order to be processed correctly, namely the following elements: surname, first name, billing address. To this end, the buyer must create an “account” identified by his/her e-mail address and a password that he/she must choose. If the purchaser has already placed an order on the site, his/her identification and information details will have been recorded; he/she will then have to call up his/her account (by entering his/her e-mail address and password); once connected to his/her account, the purchaser will be able to modify, if necessary, his/her contact details.

The third step is the final validation of the order. The buyer is presented with a summary of his/her order, equivalent to an order form, including all the items chosen by him/her, their total amount, and the billing address.

At this stage, the buyer checks the summary of his order and, if he wishes, modifies it. In the event of modifications, the buyer will be presented with a new order summary. The order must then be definitively validated in the light of the above-mentioned summary. This operation is carried out by clicking on the “next” button, which constitutes the first click.

The buyer is then presented with a summary of the order, as well as the choice of payment.The customer can choose between online payment and payment on delivery.Once the choice has been made, the customer simply clicks on “pay”, which constitutes the second click, the validation of the order and its payment if “online payment” has been selected.

These two clicks together constitute an electronic signature which, between the parties, has the same value as a handwritten signature.

PROMOTIONAL CODE

Art.9 : In the course of each year, Mikado Foods Services SA will distribute advertising containing promotional codes by means of physical leaflets or digitally. These codes will enable purchasers to benefit from monetary advantages when ordering online. These advantages can be a reduction equivalent to a fixed amount on a single product or on the total of the basket. The code, as written on the advertisements, will have to be inserted in the box of the online basket created for this purpose. The discount will be taken into account and indicated in the basket once the code has been correctly entered. Promotional codes may be single-use or time-limited.

PAYMENT TERMS AND SECURITY

Art.10 : Online payment is made via the STRIPE application using various payment methods such as VISA, MASTERCARD, AMERICAN EXPRESS, Apple Pay, Google Pay.
In the case of cash payment on delivery, 1000CHF bills are not accepted.

SAFETY MEASURE

Art. 11 : The seller invites the buyer to print out the order confirmation received by e-mail.

LIABILITY, RISKS AND NOTICE OF DEFECTS

Art.12 : In the online sales process, the seller is solely responsible for the obligation to deliver, subject to the question of any defects. Under no circumstances may the seller be held liable for any damage resulting from the use of the Internet network following an external intrusion such as a computer virus, service interruption, etc. In accordance with Art. 185 of the Swiss Code of Obligations, goods are shipped at the purchaser’s risk, based on the principle that profits and risks pass to the purchaser upon conclusion of the contract. The buyer is obliged to check the condition of the articles received as soon as he can according to the usual course of business; if he discovers any defects for which the seller is responsible, he must notify the seller without delay. If he fails to do so, the article is deemed to have been accepted in accordance with art. 201 CO.

PROCEDURE IN THE EVENT OF FAULTS

Art.13 : In the event of defects, the purchaser shall notify the seller without delay by registered letter, simultaneously returning the goods in question with the invoice, in their original packaging. In its letter, the buyer shall specify the nature of the defects observed. All communications should be addressed to :

Mikado Foods Services SA

Rue Vallin 2,

1201 Genève

Shipping costs for returned items, including customs duties where applicable, will be borne by the purchaser unless the returned items do not conform to the order or are affected by apparent defects.

REFUND

Art.14 : Refunds will be made to the customer’s bank account as soon as possible but no later than 30 days following notification of proven defects.

INTELLECTUAL PROPERTY

Art.15 : All elements of the sushi.ch site are and remain the exclusive intellectual property of “Mikado Foods Services SA” No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether visual or audio.

DATA PROTECTION

Art.16: Personal data of customers or other natural persons will be collected exclusively in compliance with legal requirements and will be processed in accordance with our Privacy Policy.

GOVERNING LAW

Art.17 : In case of dispute, the place of jurisdiction is Geneva and the contract is subject to Swiss law.